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(영문) 부산지방법원 2015.10.30 2015가단7462
관리비
Text

1. The Defendant’s KRW 24,475,780 for the Plaintiff and KRW 5% per annum from February 6, 2015 to October 30, 2015 for the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is a management body under the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Act on the Ownership and Management of Aggregate Buildings") with respect to the part of the commercial building in Busan-gu, Busan-gu, Busan-gu (hereinafter "the Condominium"), and the defendant is a person who owns the third floor 309 of the above aggregate building from May 19, 2005 (hereinafter "the head office of this case").

B. Despite the Plaintiff’s request for the payment of management expenses over several occasions, the Defendant did not pay the management expenses of the family room of this case.

C. In this case, the Plaintiff claimed management expenses and late payment charges from January 2006 to November 201, 2014 against the Defendant.

[Reasons for Recognition] Unsatisfy Facts, Gap 1, 2, and 4 evidence (including satisfy numbers), the purport of the whole pleadings

2. Each co-owner under Article 17 of the Aggregate Buildings Act, such as related regulations, shall bear the management costs of the section for common use and other duties, and gain profits accruing from the section for common use according to the ratio of his/her share, unless otherwise prescribed by the regulations;

Article 8 (Specific Obligations of Sectional Owners) (1) A sectional owner shall faithfully pay management expenses for the maintenance and management of a commercial building.

Article 39 (Subject of Cost-Bearing, such as Management Expenses) (1) A person who bears all the expenses incurred in the use of buildings and facilities in a commercial building shall be as follows:

1. Management expenses: The occupant enterprise shall be paid;

2. Charges: Charges for expenses incurred in relation to the repair of a building for public use or a facility shall be shared by a sectional owner;

3. Long-term repair appropriations: They shall be paid by sectional owners and added up to the management expenses notice;

(hereinafter omitted) Article 40 (Criteria for Calculation of Management Expenses, etc.) (1) The period for calculation of Management Expenses, etc. shall be from the first day of each month to

(hereinafter referred to as "management expenses"). (3) Management expenses shall be personnel expenses incurred on the basis of one month.

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